Re: Re: Re: importing goods into the US

Subject: Re: Re: Re: Re: importing goods into the US

Comments:
: : : : I'm looking at starting an import business, but I am confused about the US Copyright law and how it relates to what I want to do. Basically I want to import goods that were only destined for asian markets. From my understanding I would be breaking the US Copyright law by importing these items and publicy distributing them. : : : : : : : : Examples of goods that this would apply to would be movies, books, video games, music cds, etc. : : : : : : : : Again these are legal licensed material from the original creators of the material, I'm simply importing them into the US where they were originally not intended for distribution. : : : Dear Mr. Pumphrey : : : I'm not going to research this answer and will not take profession responsibility for it. My unresearched answer is that there should be no problem in you doing what you want to do UNLESS what you are importing are counterfeits. : : : My recollection of the law is that you are liable even if you were unaware of the counterfeit. The law takes into account such innocence but does not free you from liability. : : : The goods even if legitimate, may be able to be stopped at customs also even if not countfeit. The matter has be looked into to protect yourself. : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop (sm) : : : E arly L egal A dvice I s N ot E xpensive : : : : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop (sm) : : : E arly L egal A dvice I s N ot E xpensive : : I stoped by my local Customs office today and picked up publication #512 - "Know before you go" and here is a blurb about copyrighted materials. : : : : ----------- : : You may bring back genuine copyrighted articles (subject to duties). The kinds of copyright products most travelers are interested in include CD-ROMs, tape cassettes, toys, stuffed animals, clothing with cartoon characters, videotapes, videocassettes, music CDs, and books. Many copyrighted items may only be imported by distributors licensed by the copyright owner. Because most travelers are unaware of items covered by copyright distribution licesnses, Customs is allowed to grant a waiver for the importation of one item protected by copyright every 30 days, as long as the item is for personal use. The copyright owner can grant more generous waivers - however, unless you have checked with Customs in advance, don't plan to bring in more than one copy of a copyrighted item. : : ---------- : : : : Now this raises some interesting issues as in the US most anything is copyrighted. Wouldn't this apply to almost anything imported, electronics, cameras, food, etc. as they all have copyrights associated with them and surely not all of these industries work via licensed distributorships and surely Customs doesn't database who has a license to distribute and who does not. : : : : I just find the whole importation of goods to be one very large grey line due to US copyright law. Does anyone have any good suggestions for books relating to copyright law? : : : : Thanks : : Daniel Pumphrey : Dear Dan, : Import export is another specialty of the law of which I have little familiarity. : What you have shown seems focused on travelers, though there is an analogy to business importation. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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